An applicant for a broker license must have four years of experience actively practicing as a broker or sales agent in Texas during the five years preceding the date the application is filed. A developer of a registered timeshare plan shall pay a fee of $100 to renew a registration. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. The Commission will not award credit to a license holder who attends the same course more than once during: the term of the current license period; or. Exam Eligibility Effective March 1, 2021. Texas Standard Report Form/Report Writing, which shall include the following topics: use of the required inspection report form; review of typical comments for each heading in the report; and. Copies of the protest must be mailed or delivered by the protesting party to all vendors who have submitted bids or proposals for the contract involved. The Commission shall not accept unsigned course completion rosters. The Commission shall provide the approved provider named in the complaint a copy of the complaint. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors. Continuing education credit for attendance at a meeting of the Texas Real Estate Inspector Committee. The Commission may deny an application to renew an elective CE course approval if the provider is in violation of a Commission order. A provider who seeks approval of a new delivery method for a currently approved CE course must submit a new application and pay all required fees, including a fee for content review. open, uncover, or remove the pump, heads, screens, lines, or other components of the system; determine the reliability of the water supply or source; or. concepts critical for the positive outcome of the inspection process. The Committee may submit its written recommendations concerning the requirements or qualifications, as applicable, for real estate education providers, instructors, and courses to the Commission at any time the Committee deems appropriate. An inspector must maintain financial responsibility during the period the license is active. The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. An accredited college and university may submit qualifying courses to the Commission for preapproval by filing a form approved by the Commission. 111 June 10, 2014 Part II Department of the Treasury ----- Office of the Comptroller of the Currency ----- 12 CFR Parts 4, 5, 7, et al. 18 hours of continuing education are required for each renewal of a real estate sales agent or broker license and must include: a four hour Legal Update I: Laws, Rules and Forms course; a four hour Legal Update II: Agency, Ethics and Hot Topics course; three hours on the subject of real estate contracts from one or more Commission approved courses; and. Any charges associated with copies of public information provided by the Commission shall be based upon the current charges established by the Office of the Attorney General. There's no legislative basis for this rule. If a broker permits a sponsored sales agent to conduct activities beyond the scope explicitly authorized by the broker, those are acts for which the broker is responsible. The Commission adopts by reference TREC No. The registration of a timeshare plan expires on the last day of the month two years after the date the plan was registered. Forms approved or promulgated by the Commission must be reproduced on the same size of paper used by the Commission with the following changes or additions only: The business name or logo of a broker, organization or printer may appear at the top of a form outside the border. A Provider Competency Checklist must be completed as part of the new hire onboarding process. Credit for experience. was created or chartered in a state that does not license business entities and the entity is lawfully engaged in the practice of real estate brokerage in that state and meets all other requirements for applications for a license in Texas. The complainant may be excluded from the informal conference except during the complainant's oral presentation. Any course offered by an accredited college and university without preapproval by the Commission will be evaluated by the Commission, using the standards set out in this section, to determine whether it qualifies for credit at such time as a student submits a transcript with the course to the Commission for credit. Demonstrate honesty, integrity, and professionalism at all times; 2. Be educated in the characteristics involved in the specific type of real estate being brokered for others. All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software. Maintenance of CE provider's records is governed by this subsection. The provider must submit a course completion roster in accordance with 535.75(d) of this subchapter (relating to Responsibilities and Operations of Continuing Education Providers). The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. The inspector should cooperate with other inspectors to insure the continued promotion of the high standards of the real estate inspection profession and pledges himself to the continued pursuit of increasing competence, fairness, education and knowledge necessary to achieve the confidence of the public. The Commission may waive the national portion of the examination of an applicant for a real estate or professional inspector license if the applicant: currently holds an active real estate inspector license in another state or actively practices as a home inspector in compliance with the laws of another state; and. Before, if an agent had residency in Texas, they could still earn commission in different areas. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, an applicant whose application for registration has been disapproved is entitled to a hearing. enroll and attend a course without identifying themselves as employees of the Commission for purposes of auditing a course. Upon verification by Commission that the person still meets the requirements under this subsection, the Commission will issue another license for the same period in which the person is currently licensed or certified by the other jurisdiction. At the discretion of the Director of Enforcement and with the consent of all parties, mediation with an outside mediator may be scheduled between the Commission and a respondent or applicant when the Commission anticipates initiation of an adverse action against a respondent or applicant or any time after initiation. The inspector should make a reasonable attempt to cooperate with other professionals and related tradespersons at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to the inspector, the inspector's business, and the inspection industry. . Members of the committee serve staggered two-year terms. An accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this chapter. The Commission adopts by reference the Consumer Protection Notice, TREC No. If a license has been expired for less than six months, a license holder may renew the license by: filing a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission; paying the appropriate late renewal fee as required by 535.210 of this title (related to Fees); satisfying the applicable continuing education requirements; and. Upon completion of the investigation of the pending complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001. Notice under this subsection need not be provided by certified or registered mail. ii. receive a passing grade of at least 80% on the non-elective CE course final examination promulgated by the Commission. If the Commission determines that an application for registration of a timeshare plan fails to satisfy any requirement for registration, the Commission shall promptly notify the applicant of any deficiency in writing. A license holder must deal honestly and fairly with all parties; however, the license holder represents only the principal and owes a duty of fidelity to such principal. attic space ventilation that is not performing; deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and, attic access ladders and access openings; and. Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission, if required for licensure under 535.214 of this title: If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant: must submit evidence of completion of the required coursework as provided under this subsection (h)(2) of this section; and. A person controls the acceptance or deposit of rent from a resident of a single-family residential real property unit and must be licensed under the Act if the person has the authority to: use the rent to pay for services related to management of the property; sign checks or withdraw money from a trust account. Code as clarified by the Commission in 535.213; and. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Inspection Recovery Fund, the interest on eligible actual damages are prorated, and no other interest, attorney fees, or court costs are paid. the space provided on the form is inadequate for a complete reporting of the Inspection; attach additional reporting information produced by computer software so long as the standard report form is provided before that information; and. The chair of the Enforcement Committee or the member designated by the chair to preside (the presiding member) shall announce the case. TopicSubject matter that must be covered in a specific course as defined by the Act, Chapter 1102 and this chapter. the completed IABS Notice at the first substantive communication as required under 1101.558, Texas Occupations Code. If after expiration of the 60 day period set out in paragraph (1) of this subsection, the Commission has not been provided with evidence that the license holder has completed all outstanding continuing education requirements, the license holder's license will be placed on inactive status. a late reporting fee of $250 to reactivate a license under 535.93 of this title (relating to Late Renewal Applications). Keep in mind that the business cultures of local areas are highly variable, and these cultural differences are often reflected in local official publications. if the course is delivered by distance education delivery: prevent the student from moving from one topic to the next topic until the student answers all topic quiz questions correctly and receives a passing grade on the scenario based learning exercises; and, for quiz questions answered incorrectly, employ a method to present the rationale behind the correct answer and ask a subsequent related quiz question that will count toward passing the topic if answered correctly; and. An inspector is not eligible to receive more than 16 hours continuing education credit for any one single subject described in subsection (a)(1) of this section. The Memory of the World in the digital age: digitization and preservation; an international conference on permanent access to digital documentary heritage Elective CE courseA continuing education course, other than a Non-elective CE course, approved by the Commission as acceptable to fulfil the continuing education hours needed to renew a license. Person as author : Boisson de Chazournes, Laurence In : Standard-setting in UNESCO, volume I: normative action in education, science and culture, essays in commemoration of the Sixtieth Anniversary of UNESCO, p. 51-72 Language : English Also available in : Franais Year of publication : 2007 Licence type : CC BY-SA 3.0 IGO book part In determining whether a criminal offense not listed in subsections (a) and (b) of this section is directly related to an occupation regulated by the Commission, the Commission shall consider: the relationship of the crime to the purposes for requiring a license to engage in the occupation; the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and. (In Texas, license holders cannot provide an opinion of value but are allowed to provide estimates of price. SanctionsAny administrative penalty, disciplinary or remedial action imposed by the Commission for violations of Texas Occupations Code, Chapter 1101, 1102, or 1105 or the Rules adopted by the Commission pursuant to those chapters. Acceptable demonstration of methods to engage students in interactive discussions and activities to meet the course objectives and time requirements are required for approval. Educational Requirements for a Real Estate Inspector License. Designated brokerAn individual holding an active Texas real estate broker license designated by a business entity licensed by the commission to act on its behalf. Recognize the value of having multiple "good" choices and believe that the outcome can be positive with any of them. Electric or gas ranges, cooktops, and ovens. At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff. If an inspector agrees to inspect a component or system described under this section, the general provisions under 535.227 of this title and the provisions and requirements of this section applicable to that component or system apply. The respondent shall execute the proposed agreed order and return the executed order to the Commission not later than the 10th day after their receipt of the proposed agreed order. The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by the Act and this title. the applicant fails to provide fingerprints to the Department of Public Safety within one year from the date the application is filed. For inspector CE courses, examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in 535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour. An applicant who has earned a bachelor's degree or higher from an accredited college or university will be deemed to have satisfied the related education requirements for a broker license. The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license. A team name must end with the word "team" or "group". The approved provider will remain on inactive status and unable to offer courses until the annual fee is paid. Any provider currently offering a course that is subject to change must: revise or supplement any currently approved classroom qualifying course covering that subject no later than 12 months after the effective date of the new requirements; and. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Required approval of CE program and courses. the two-year period preceding the filing of an renewal application for a license after the license expiration date as provided for under 535.93 of this title or return to active status as provided for under Subchapter L of this Chapter. When the Commission is of the opinion that proposed rules are likely to be complex, or controversial, or to affect disparate groups, negotiated rulemaking will be considered. In addition, the inspector's license is inactive when the following occurs: termination of sponsorship by a professional inspector; the death of the inspector's sponsoring professional inspector; the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector; the failure of the license holder to provide to the Commission proof of financial responsibility as required by Chapter 1102 and on a form approved by the Commission for that purpose; or. An approved provider who fails to pay the annual operation fee as prescribed shall be placed on inactive status and notified in writing by the Commission. No fee will be required and the course will maintain its original expiration date. No formal record of the proceedings of the informal conference shall be made or maintained. Negotiations may be conducted in person or by electronic, telephonic, or written communication. educational officers of a military installation or correctional facility. To be eligible for a real estate license, an applicant must: meet the following requirements at the time of the application: be a citizen of the United States or a lawfully admitted alien; comply with the fingerprinting, education, experience and examination requirements of the Act; and. For each continuing education course an applicant intends to offer, the applicant must: submit the appropriate CE Course Application form; pay the fee required by 535.101 (relating to Fees) and 535.210 of this title (relating to Fees); and. through the use of one or more of the following technologies: one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communications devices; video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies listed in clauses (i) through (iii) of this subparagraph. The inspector shall report as Deficient deficiencies in the structural, electrical, plumbing, heating, ventilation, and cooling systems that these standards of practice require to be reported for the principal building. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term. Upon request, a CE provider shall produce instructor and course evaluation forms for inspection by Commission staff. Scenario-based learningThe use of scenarios to support active learning strategies such as problem-based or case-based learning where students must apply their subject knowledge, critical thinking and problem solving skills in a real-world context. Parties may request an opportunity for additional rebuttal, subject to the discretion of the presiding member. sponsorship agreements between the broker and sponsored sales agents. Complaints must be in writing, and the Commission may not initiate an investigation, or take action against an approved provider or instructor, based on an anonymous complaint. A commission or fee may not be paid to any party to the transaction in a manner that misleads a broker, lender, title company, or governmental agency regarding the real estate transaction or the financial resources or obligations of the buyer. The complainant shall not be considered a party in the informal conference but shall be given the opportunity to be heard if the complainant attends. The hearing on the Proposal for Decision is limited to the record. An executed lease, renewal or extension for a landlord or tenant10 points per year of the lease, renewal or extension up to a five year maximum per transaction. This section is intended to establish standards relating to permissible forms of advertising by a person licensed as a real estate broker or sales agent and functioning as a residential rental locator ("locator"). If the complaint is closed under this subsection, Commission staff will send written notice to the complainant and to the respondent, if the respondent has been notified of the complaint. the location of the drain or distribution field; and, the proximity of any known water wells, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, easement lines, property lines, soil absorption systems, swimming pools, or sprinkler systems; and. A provider is not required to present topics in the order outlined for a course on the corresponding course approval form. Each registrant shall, before a party in a transaction other than the party the registrant represents is obligated to sell, buy, lease, or transfer a right-of-way or easement, provide to the party a copy of TREC No. To be approved by the Commission, the following mandatory qualifying courses must contain the content outlined below: Principles of Real Estate I, which shall contain the following topics, the units of which are outlined in the PRINS 1-0, Qualifying Real Estate Course Approval Form, Principles of Real Estate I, hereby adopted by reference: Introduction to Modern Real Estate Practice - 200 minutes; Concepts and Responsibilities of Home Ownership - 95 minutes; Real Estate Brokerage and the Law of Agency - 180 minutes; Ethics of Practice as a License Holder - 30 minutes; Texas Real Estate License Act - 180 minutes; How Home Ownership is Held - 70 minutes; and. Each sponsored sales agent is provided on a timely basis, before the effective date of the change, notice of any change to the Act, Rules, or Commission promulgated contract forms. effectiveness of backflow or anti-siphon devices. This section does not prevent the license holder from explaining to the principals the meaning of the alternative choices, factual statements and business details contained in an instrument so long as the license holder does not offer or give legal advice. that the probationary license holder comply with any other terms contained in an order from any other court or administrative agency under which the probationary license holder is bound. Occ. An unlicensed person may share in the income earned by a business entity licensed as a broker or exempted from the licensing requirements under the Act if the person engages in no acts for which a license is required and does not lead the public to believe that the person is in the real estate brokerage business. The Commission delegates authority to hear and rule on motions for rehearing to the Commission's Enforcement Committee, consisting of three Commission members appointed by the Commission chair. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties. at a minimum consist of one full residential property inspection per 8 hours of course credit; review applicable standards of practice and departure provisions contained in 535.227 - 535.233 of this title (relating to Standards of Practice); and. excavate or uncover the system or its components; determine the size, adequacy, or efficiency of the system; or. For the purposes of this section, the term "advertisement" has the same meaning provided by 535.155 of this chapter. For the purposes of this section, advertisements are all communications created or caused to be created by a licensed inspector for the purpose of inducing or attempting to induce a member of the public to use the services of the inspector, including but not limited to the following types of communications when disseminated for this purpose: inspection reports, business cards, invoices, signs, brochures, email, the Internet, electronic transmissions, text messages, and purchased telephone directory displays and advertising by newspaper, radio and television. Upon the conclusion of oral arguments, questions by the members of the Commission, and any discussion by the members of the Commission, the presiding member shall call for a motion regarding disposition of the contested case. Inspector's responsibility to maintain the quality, integrity, and objectivity of the inspection process - 250 minutes. An inspector must retain sufficient records of professional liability insurance coverage, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, to document to the Commission continuous coverage for the preceding two year license period. The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. 1. General provisions. A fee is required for content review of each CE course and for each distinct delivery method utilized by a provider for that course. The Act applies to any person acting as a real estate broker or sales agent while physically within Texas, regardless of the location of the real estate involved or the residence of the person's customers or clients. The Commission may accept alternative methods for demonstrating an applicant's competency in the place of passing the specific licensing examination, or completing education and/or experience required to obtain a particular license. Business Operations and Professional Responsibilities Module (10 hours), which shall contain the following topics, the units of which are outlined in the Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form: Elements of the written inspection contract and the rights and responsibilities of the inspector and the client - 250 minutes; and. A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section. Testimony by affidavit or documentary evidence, such as excerpts of the record before the presiding officer, may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. The point of delivery for a natural gas system is: the outlet of the service meter assembly; the service shut valve where a meter is not provided. the inspector's failure to satisfy continuing education requirements. In the interest of the client and the inspector's profession, the inspector should endeavor always to maintain and increase the inspector's level of knowledge regarding new developments in the field of inspection. If if the applicant chooses to take the national portion and state portion of the exam separately, the national portion must be taken before the state portion of the exam. Failure to provide information is grounds for disciplinary action. If the Commission remands the case to the administrative law judge, the Commission may direct that further consideration be accomplished with or without reopening the hearing and may limit the issues to be considered. on a form approved by the Commission for that purpose; and. An applicant shall not act as or represent itself to be an approved provider until the applicant has received written notice of approval from the Commission. Except as otherwise provided by the Act or Rules, a broker or salesperson may not share a commission or fees with any person who engages in acts for which a license is required and is not actively licensed as a broker or salesperson. using any advertising which does not clearly and conspicuously contain the provider's name on the first page or screen of the advertising; representing that the provider's program is the only vehicle by which a person may satisfy educational requirements; conveying a false impression of the provider's size, superiority, importance, location, equipment or facilities, except that a provider may use objective information published by the Commission regarding pass rates if the provider also displays next to the passage rate in a readily noticeable fashion: A hyperlink to the Commission website's Education Provider Exam Passage Rate page labeled "TREC Provider Exam Pass Rates" for digital media; or.